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Month: June 2019

How Do I Establish Priority To My Trademark?
Posted in Firm News,Intellectual Property on June 21, 2019

We have all had that million-dollar idea in our head. We then brush it aside until we see the plan executed by someone else. We are then left asking ourselves, “Why didn’t I act on it sooner?”. This typical story that may be fantastical to most is the unfortunate reality of those who have an…

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What Is a Bona Fide Occupational Qualification and Can I Be Discriminated Against for It?
Posted in Discrimination,Employment Litigation,Firm News on June 12, 2019

A “Bona Fide Occupational Qualification” (BFOQ) refers to a quality or attribute that employers are legally allowed to take into account when making hiring and employment decisions. If considered in other formats, these qualities would be classified as discrimination and would be in violation of Title VII of the Civil Rights Act of 1964 and California’s Fair Employment…

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What Is Trademark Infringement and How Is Infringement Determined?
Posted in Firm News,Intellectual Property on June 4, 2019

Trademark infringement is defined as the unauthorized use of a trademark about goods or services in a manner that is likely to cause confusion, deception or mistakes about the source of the goods or services. For a trademark owner to claim infringement, the Lanham Act specifies that three factors must be shown: use of a protected trademark, priority to use the trademark…

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